Download or read book The Changing Role of Criminal Law in Controlling Corporate Behavior written by James M. Anderson and published by Rand Corporation. This book was released on 2014-12-09 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: "What should be the role of the criminal law in controlling corporate behavior, and how can the execution of that role be improved? On the one hand, corporations have enormous power, and, when a corporation causes harm, there is a natural instinct to apply criminal sanctions, society's most serious expression of moral disapproval. In the wake of a harm in which a corporation had a prominent role, there are often calls for an increased use of the criminal law to tame corporate excesses. On the other hand, criminal liability has historically usually required criminal intent, a concept that applies oddly to a legal construction, such as a corporation. And more recently, critics have decried what they have termed the overcriminalization of corporate behavior, suggesting that there has been an overreliance on the use of criminal law in this context. To provide guidance to policymakers on the proper role of criminal sanctions in this context, RAND Corporation researchers (1) measure the current use of criminal sanctions in controlling corporate behavior, (2) describe how the current regime developed, and (3) offer suggestions about how the use of criminal sanctions to control corporate behavior might be improved"--Unedited summary from book cover.
Download or read book Corporate Crime written by Peter Yeager and published by Routledge. This book was released on 2017-07-05 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Crime, originally published in 1980, is the first and still the only comprehensive study of corporate law violations by our largest corporations. The book laid the groundwork for analyses of important aspects of corporate behavior. It defined corporate crime and found ways of locating corporate violations from various sources. It even drew up measures of the seriousness of crimes. Much of this book still applies today to the corporate world and its illegal behavior.A new introduction, "Corporate Crime: Yesterday and Today--A Comparison," prepared for this edition by coauthor Marshall B. Clinard, discusses the development of a criminological interest in corporate crime, explains the nature of corporate crime, and analyzes a number of issues involved in its study. Among the issues tackled are whether today's corporate crime is greater, more serious, and more complex; accounting fraud and its crucial role in hiding corporate crime; the pharmaceuticals, the industry with the most corporate violations; explanations of corporate crime in terms of economic factors, corporate culture, and the role of top executives; and new laws to control corporate crime and alternative approaches.
Download or read book Organizations and Sanctions written by Malcolm D. Schlusberg and published by . This book was released on 1979 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporate Crime Law and Social Control written by Sally S. Simpson and published by Cambridge University Press. This book was released on 2002-03-18 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do corporations obey the law? When companies violate the law, what kinds of interventions are most apt to correct their behavior and return them to compliant status? In this book Sally Simpson examines whether the shift towards the use of criminal law, with its emphasis on punishment and stigmatization, is an effective strategy for controlling illegal corporate behavior. She concludes that strict criminalization models will not yield sufficiently high levels of compliance. Empirical data suggest that in most cases cooperative models work best with most corporate offenders. Because some corporate managers, however, respond primarily to instrumental concerns, Simpson argues that compliance should also be buttressed by punitive strategies. Her review and application of the relevant empirical literature on corporate crime and compliance combined with her judicious examination of theory and approaches, make a valuable new contribution to the literature on white-collar crime and deterrence and criminal behavior more generally.
Download or read book Corporations as Criminals written by Ellen Hochstedler Steury and published by SAGE Publications, Incorporated. This book was released on 1984 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a corporation commit a crime? If so, who in the organization is to be held responsible and how does a criminal justice system, designed to process individual criminals, cope with the criminal corporation? This book explores both the theoretical and practical problems of bringing criminal sanctions against corporate offenders through the courts and regulatory agencies, and offers some of the latest legal, historical and sociological research on the subject of sanctionning corporate wrongs.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporations and Criminal Responsibility written by Celia Wells and published by Oxford University Press, USA. This book was released on 1993 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public toleration of corporate harms is evaporating: deaths and injuries at work and transport accidents increasingly prompt call for prosecution of a corporation. Should corporations be punished? This new book draws on philosophical, cultural, and psychological factors in considering arguments about the criminal liability of corporations. Justifications for criminal punishment and the underlying bases of criminal responsibility are described in the context of corporate activities, and the system of regulation and control of corporate harm through, for example, health and safety legislation, is examined and contrasted with conventional enforcement of criminal laws. Public perception of corporate harms is explored from a number of perspectives including the institutional framework of inquests and public inquiries. The book also includes a full analysis of the trial of P & O on manslaughter charges following the Herald of Free Enterprise disaster.
Download or read book Too Big to Jail written by Brandon L. Garrett and published by Harvard University Press. This book was released on 2014-11-03 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: American courts routinely hand down harsh sentences to individual convicts, but a very different standard of justice applies to corporations. Too Big to Jail takes readers into a complex, compromised world of backroom deals, for an unprecedented look at what happens when criminal charges are brought against a major company in the United States. Federal prosecutors benefit from expansive statutes that allow an entire firm to be held liable for a crime by a single employee. But when prosecutors target the Goliaths of the corporate world, they find themselves at a huge disadvantage. The government that bailed out corporations considered too economically important to fail also negotiates settlements permitting giant firms to avoid the consequences of criminal convictions. Presenting detailed data from more than a decade of federal cases, Brandon Garrett reveals a pattern of negotiation and settlement in which prosecutors demand admissions of wrongdoing, impose penalties, and require structural reforms. However, those reforms are usually vaguely defined. Many companies pay no criminal fine, and even the biggest blockbuster payments are often greatly reduced. While companies must cooperate in the investigations, high-level employees tend to get off scot-free. The practical reality is that when prosecutors face Hydra-headed corporate defendants prepared to spend hundreds of millions on lawyers, such agreements may be the only way to get any result at all. Too Big to Jail describes concrete ways to improve corporate law enforcement by insisting on more stringent prosecution agreements, ongoing judicial review, and greater transparency.
Download or read book Controlling Corporate Illegality written by Nancy Frank and published by Anderson Publishing Company (OH). This book was released on 1988 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Where the Law Ends written by Christopher D. Stone and published by . This book was released on 1975 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New Developments and Perspectives on Corporate Crime Law Enforcement in America written by and published by . This book was released on 1987 with total page 1076 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prosecutors in the Boardroom written by Anthony S. Barkow and published by NYU Press. This book was released on 2011-04-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who should police corporate misconduct and how should it be policed? In recent years, the Department of Justice has resolved investigations of dozens of Fortune 500 companies via deferred prosecution agreements and non-prosecution agreements, where, instead of facing criminal charges, these companies become regulated by outside agencies. Increasingly, the threat of prosecution and such prosecution agreements is being used to regulate corporate behavior. This practice has been sharply criticized on numerous fronts: agreements are too lenient, there is too little oversight of these agreements, and, perhaps most important, the criminal prosecutors doing the regulating aren’t subject to the same checks and balances that civil regulatory agencies are. Prosecutors in the Boardroom explores the questions raised by this practice by compiling the insights of the leading lights in the field, including criminal law professors who specialize in the field of corporate criminal liability and criminal law, a top economist at the SEC who studies corporate wrongdoing, and a leading expert on the use of monitors in criminal law. The essays in this volume move beyond criticisms of the practice to closely examine exactly how regulation by prosecutors works. Broadly, the contributors consider who should police corporate misconduct and how it should be policed, and in conclusion offer a policy blueprint of best practices for federal and state prosecution. Contributors: Cindy R. Alexander, Jennifer Arlen, Anthony S. Barkow, Rachel E. Barkow, Sara Sun Beale, Samuel W. Buell, Mark A. Cohen, Mariano-Florentino Cuellar, Richard A. Epstein, Brandon L. Garrett, Lisa Kern Griffin, and Vikramaditya Khanna
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Corporate Criminal Liability written by Mark Pieth and published by Springer Science & Business Media. This book was released on 2011-04-20 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
Download or read book The Oxford Handbook of Crime and Public Policy written by Michael H. Tonry and published by Oxford Handbooks. This book was released on 2009 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook offers a comprehensive examination of crimes as public policy subjects to provide an authoritative overview of current knowledge about the nature, scale, and effects of diverse forms of criminal behaviour and of efforts to prevent and control them.
Download or read book White collar Crime Reconsidered written by Kip Schlegel and published by . This book was released on 1992 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Leading authorities on [whit collar crime] explore the inner workings of the individuals, corporations, and government agencies implicated in the abuse of their economic and societal privileges. The timely essays deal with the definition and theory of white-collar crime, victimization, enforcement, and the sanctioning of organizations and individuals."--Back cover.
Download or read book Corporate Criminal Liability and Compliance Management Systems written by Santiago Wortman Jofre and published by BRILL. This book was released on 2019-08-26 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Corporate Criminal Liability and Compliance Management Systems: A Case Study of Spain Santiago Wortman Jofre presents a case study in which he analyses the regulation on compliance as deterrent for corporate criminality. He also examines the role of criminal justice and offers a view on the incentives to prevent corporate criminality.
